[2025:RJ-JP:43986] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 1533/2017 Tarif Khan S/o Abdul Salaam Master, R/o Malarna Dungar, Distt. Sawaimadhopur ----Accused-Petitioner Versus 1. State Of Rajasthan Through Superintendent Of Police, Sawaimadhopur 2. S.H.O. Police Station Malarna Dungar, Distt. Sawaimadhopur ----Respondents For Petitioner(s) : Mr. Vivek Yadav for Dr. Mahesh Sharma For Respondent(s) : Mr. Vivek Choudhary, PP Mr. Tapesh Agarwal, PP HON'BLE MR. JUSTICE ANAND SHARMA Order 03/11/2025 1. By way of filing the instant criminal misc. petition, the petitioner has prayed for quashing the FIR No. 45/2007 registered at Police Station Malarna Dungar, District Sawaimadhopur. It is submitted that when the FIR was registered, the petitioner was a juvenile and was released on bail. It is submitted that the petitioner had no information with regard to filing of the Challan against him in respect of the aforesaid FIR No. 45/2007. Vide order dated 03.10.2025, this Court directed to learned Public Prosecutor to intimate the position of final conclusion of the investigation. 2. Today, one factual report dated 06.10.2025 prepared by SHO Police Station Malarna Dungar, District Sawaimadhopur (Raj.) [2025:RJ-JP:43986] (2 of 3) [CRLMP-1533/2017] has been placed by learned Public Prosecutor mentioning therein that, pursuant to FIR No. 45/2007, investigation was conducted by the police authorities and thereupon, charge-sheet under Section 147, 148, 149, 341, 323, 307, 325 of IPC and 3/25 of Arms Act was filed on 31.12.2007 against the accused Jamil khan, Khalil Ahmad, Khalid, Shakir, Raees and Jafar Ahmad. After trial, pursuant to aforesaid charge-sheet, all the aforesaid six accused have been acquitted of the charges leveled against them. It is further stated that at the relevant time, as the petitioner was a juvenile, the charge-sheet was required to be filed against him before the Principal Magistrate Juvenile Justice Board, Sawaimadhopur, however, it could not be filed. 3. In the light of aforesaid factual matrix, it is evident that for the last eighteen years, no charge-sheet has been filed against the petitioner before the competent Board. It has also been brought to the notice of this Court that in respect of the same FIR, charge-sheet was filed against six co-accused persons, who were subsequently acquitted by the competent Court vide judgment dated 01.10.2009, i.e. almost 16 years ago. Despite the lapse of such a considerable period, no plausible or legally sustainable explanation has been offered by learned Public Prosecutor for the inordinate delay in filing the charge-sheet against the petitioner. 4. Such prolonged and unexplained delay not only defeats the very object of a fair and expeditious investigation but also infringes upon the fundamental right of the petitioner to a speedy trial as enshrined under Article 21 of the Constitution of India. When the co-accused, tried on the same set of allegations and evidence, have already been acquitted after a full-fledged trial, [2025:RJ-JP:43986] (3 of 3) [CRLMP-1533/2017] continuation of criminal proceedings against the petitioner after an unexplained delay of 18 years would not serve any fruitful purpose. 5. Permitting the prosecution to proceed in such circumstances would amount to sheer harassment and would be a gross abuse of the process of law. The belated filing of Challan pursuant to same FIR, after the acquittal of the co-accused long ago, would not only be oppressive and arbitrary but would result in manifest miscarriage of justice. Hence, this Court finds that the continuation of the proceedings against the petitioner cannot be sustained in the eye of law. 6. In the light of above, this Court deems it just and proper to exercise its inherent jurisdiction under Section 482 of Cr.P.C. The FIR No. 45/2007 registered at Police Station Malarna Dungar, District Sawaimadhopur qua the petition is hereby quashed and set-aside. 7. The instant criminal misc. petition is hereby dismissed. (ANAND SHARMA),J NEERU/7